§FMCSR.com
Historical textIn force on Sept. 30, 2003Source: annual CFR editions 2000–2016

§ 386.45 Motion to compel discovery.

Wording in the annual edition revised as of Oct. 1, 2000, superseded November 27, 2023.

govinfo, 2002 edition ↗
Before Jan. 1, 2017 the record is one snapshot per annual CFR edition, revised as of October 1. This is the 2002 edition's wording. An amendment that took effect between Oct. 1, 2002 and Sept. 30, 2003 would not appear until the next edition, so check the citations below and the Federal Register for exact effective dates.
49 CFR § 386.45 — Motion to compel discovery.. Text in force on September 30, 2003. This wording effective October 1, 2000 to November 27, 2023. Source: govinfo, 2002 edition, https://www.govinfo.gov/app/details/CFR-2002-title49-vol4/CFR-2002-title49-vol4-sec386-45. Retrieved from FMCSR.com, https://fmcsr.com/reg/386.45?asof=2003-09-30, on October 26, 2026. Unofficial compilation; verify against the official source.

(a) If a deponent fails to answer a question propounded or a party upon whom a request is made pursuant to §§ 386.42 through 386.44, or a party upon whom interrogatories are served fails to respond adequately or objects to the request, or any part thereof, or fails to permit inspection as requested, the discovering party may move the Assistant Administrator or the administrative law judge, if one has been appointed, for an order compelling a response or inspection in accordance with the request.

(b) The motion shall set forth:

(1) The nature of the questions or request;

(2) The response or objections of the party upon whom the request was served; and

(3) Arguments in support of the motion.

(c) For purposes of this section, an evasive answer or incomplete answer or response shall be treated as a failure to answer or respond.

(d) In ruling on a motion made pursuant to this section, the Assistant Administrator or the administrative law judge, if one has been appointed, may make and enter a protective order such as he or she is authorized to enter on a motion made pursuant to § 386.39(a).

Amendment history

3 distinct wordings on file since Oct. 1, 1996
  1. Nov. 27, 2023 → presenteCFR, day-precisediff vs. previous
  2. Oct. 1, 2000 → Nov. 27, 2023annual editions 2000–2016diff vs. previousviewing
  3. Oct. 1, 1996 → Oct. 1, 2000annual editions 1996–1999

A new entry appears whenever the regulatory words change between government snapshots. Day-precise from the eCFR (2017 onward); before that, one snapshot per annual CFR edition (revised as of October 1). Bracketed citations are the Federal Register history printed with the section.